Leave granted.
These two appeals have been filed by the State and by the complainant
against order, dated December 27, 2007, passed by the High Court of judicature at
Bombay in Criminal Application No. 4145 of 2007, whereby the High Court has
granted anticipatory bail to the respondent-Ismail Ibrahim Sayeed.
Accordingly to the appellants, since there are serious allegations against the
respondent in the charge-sheet, the High Court erred in granting anticipatory bail to
him.
..2/Crl.As.90 & 91/2009..contd..
: 2 :
Learned counsel for the respondent, on the other hand, while supporting the
order passed by the High Court, has submitted that the incident had taken place due to
business rivalry and further no specific role having been attributed to the respondent,
the High Court was justified in granting anticipatory bail to the respondent. Learned
counsel has pointed out that during the pendency of these appeals, the respondent had
moved an application for grant of regular bail before the trial Court. However, the
said application was opposed by the complainant, inter alia, on the ground that the
order granting anticipatory bail to the respondent had been challenged before this
Court and the special leave petitions were pending. Taking note of the said fact, the
trial Court has declined to entertain the application filed by the respondent for grant of
bail. A copy of order dated October 17, 2008, has been placed on record.
Bearing in mind the fact that the charge-sheet has already been filed against
the respondent and the trial Court is seized of the matter, we feel that it would be
appropriate if the respondent is permitted to file a fresh application before the trial
Court for grant of regular bail.
..3/-
Crl.As. 90 & 91/2009....contd...
: 3 :
Accordingly, we dispose of the appeals with liberty to the respondent to
apply for regular bail before the trial Court within two weeks from the receipt of the copy of this order. As and when such an application is preferred, the same shall be
considered on its own merits, uninfluenced by order dated December 27, 2007, passed
by the High Court, granting anticipatory bail to the said respondent. We further direct
that the order passed by the High Court, impugned in these appeals, shall remain in
force till respondent's application for grant of regular bail is disposed of. The trial
Court would do will to dispose of the bail application expeditiously, preferably within
four weeks of its presentation.
[ D.K. JAIN ]
[ R.M. LODHA ] New Delhi, January 19, 2009.